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California Domestic Violence Law
Overview of California Domestic Violence Law
California’s domestic violence laws seek to prevent violence in familial or intimate relationships. The state identifies domestic violence when an individual commits a criminal act within one of the types of relationships specified by the California Penal Code: spouse or former spouse; cohabitant or former cohabitant in a home; a parent with whom the individual has a child; or a partner in a dating relationship. Domestic violence often occurs in tandem with child abuse.
When a prosecutor charges a defendant with a crime based on domestic violence, several sections of the Penal Code may apply. A prosecutor can choose which criminal charges to pursue based on the severity of the conduct and harm to the victim, along with other circumstances of the case.
In Section 242, the Penal Code defines battery as a willful and unlawful use of force or violence against the person of another. Section 243(e)(1) of the Penal Code criminalizes battery within one of the specified familial or intimate relationships. Alternatively, a prosecutor can choose to charge the defendant with battery under Section 243(d) if the defendant inflicted serious bodily injury on the victim. Battery under Section 243(d) reflects a greater degree of harm suffered by the victim of domestic violence.
The Penal Code also criminalizes domestic violence under Section 273.5 when an individual’s willful conduct leads to a corporal injury resulting in a traumatic condition suffered by a person with whom the individual has one of the familial or intimate relationships specified by the domestic violence laws of California.
California state laws allow victims of domestic violence to apply for emergency protective orders and restraining orders in both civil and criminal court. Issuance of a protective order or restraining order does not necessarily depend on physical harm suffered by the victim — someone who fears imminent harm or who has suffered emotional abuse may still qualify for protection through the California legal system.
California Domestic Violence Laws in Brief
Below you will find key provisions of CaliforniaвЂ™s domestic violence laws.
California Penal Code Sections 240-248 et. seq. (Domestic Violence)